SCHOOL DISTRICT LAWYERS FIGHT DEPOSITION MOVES

The attorneys defending an $18 million lawsuit against the San Ysidro School District are resisting a request by the plaintiff’s attorneys to depose two school board members about why they canceled a solar-power contract.

In a letter to the lawyer representing EcoBusiness Alliance, school district attorneys said any testimony from board members Jason Wells and Jean Romero is protected because they are public officials.

“The actions of the board can be proved by use of other employees not subject to the same objections and by documents that disclose the official actions of the board,” the letter states.

The lawyers said the proposed testimony is not necessary to the civil litigation and they will file a motion in court to quash the effort.

EcoBusiness Alliance lawyer Patrick Prindle said a similar motion was rejected last year when he sought to depose Trustee Yolanda Hernandez. He also said the depositions are needed because former Superintendent Manuel Paul did not answer questions at his latest deposition, invoking his right against self-incrimination.

“Mr. Paul refuses to answer any questions concerning his recommendation to the board that it terminate the contract,” Prindle said. “Therefore, in order to prepare for trial, it is necessary that these depositions proceed as scheduled.”

EcoBusiness Alliance sued the San Ysidro School District last year after the school board canceled an $18 million contract for the company to install solar power systems at district campuses.

In previous deposition testimony, Paul admitted accepting $2,500 in cash from a would-be contractor while in a steakhouse parking lot.

Paul is among 15 educators and contractors in South County who were indicted early this year in a corruption probe by the District Attorney’s Office. Hernandez is also facing criminal charges in that case. They have pleaded not guilty.